[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10898]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Transit Administration
[FHWA/FTA Docket No. 94-11]
A Review of the Congestion Mitigation and Air Quality Improvement
Program; Public Meeting; Request for Comments
AGENCIES: Federal Highway Administration (FHWA), Federal Transit
Administration (FTA), DOT.
ACTION: Notice; request for comments; public meeting.
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SUMMARY: The FHWA and the FTA request comments which will be used in
developing and conducting a review of the Congestion Mitigation and Air
Quality Improvement (CMAQ) Program, to be undertaken by the FHWA and
the FTA in cooperation with the Environmental Protection Agency (EPA).
The review's purpose is to determine whether the CMAQ program is
meeting its goals under the Intermodal Surface Transportation
Efficiency Act (ISTEA), Public Law 102-240, 105 Stat. 1914, and the
Clean Air Act (CAA) as amended in 1990, Public Law 101-549, 104 Stat.
2399, to support transportation measures intended to assist
nonattainment areas in meeting the National Ambient Air Quality
Standards (NAAQS) and to maximize the program's effectiveness. Comments
are solicited on the structure and content of the program review,
specific policy questions raised in this notice, and other areas of
policy and implementation which should be investigated.
This notice also announces a public meeting to be held on June 2,
1994. The purpose of the meeting is also to solicit input for the
review. Those intending to participate are asked to notify Mr. Mike
Savonis at the number listed under the FOR FURTHER INFORMATION CONTACT
caption below.
DATES: Comments should be received on or before June 20, 1994. The
public meeting will be held on June 2, 1994 at 11 a.m.
ADDRESSES: The public meeting will be held at the Nassif Building, U.S.
Department of Transportation, Room 2230, 400 Seventh Street SW.,
Washington, DC 20590. Submit written, signed comments to FHWA/FTA
Docket 94-11, Federal Highway Administration, Room 4232, HCC-10, Office
of Chief Counsel, 400 Seventh Street SW., Washington, DC 20590. All
comments received will be available for examination at the above
address between 8:30 a.m. and 3:30 p.m. e.t., Monday through Friday,
except legal Federal holidays. Those desiring notification of receipt
of comments must include a self-addressed, stamped envelope or
postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Mike Savonis, Office of
Environment and Planning, FHWA at (202) 366-2080 or Mr. Abbe Marner,
Office of Planning, FTA at (202) 366-0096. Office hours are from 7:45
a.m. to 4:15 p.m., e.t. Monday through Friday, except legal Federal
holidays.
SUPPLEMENTARY INFORMATION:
(I) Background
Authorized at $6 billion for years 1992-1997, the CMAQ Program
provides funds to States for transportation projects and programs that
will contribute to attainment of an NAAQS. The Program focuses
primarily on reductions in ozone precursors (hydrocarbons and oxides of
nitrogen) and carbon monoxide emissions, but under certain conditions
funds may be expended on projects to reduce small particulate matter
(PM-10), as well. Typical projects include: development of HOV lanes,
improvements to public transit facilities and equipment, traffic
signalization and incident management improvements, bicycle and
pedestrian projects, new ridesharing services, and establishment of
vehicle inspection and maintenance programs.
The FHWA and the FTA, in consultation with the EPA, issued guidance
providing eligibility criteria to govern CMAQ program expenditures on
October 16, 1992. A series of questions and answers were also issued
subsequent to the program guidance to address specific issues and
eligibility questions as they have arisen. The program guidance was
published in the Federal Register on January 4, 1993 (58 FR 146) and,
with the questions and answers, is available through the Federal
Electronic Bulletin Board System (202-366-3764). In addition, a
brochure, ``A Guide to the Congestion Mitigation and Air Quality
Improvement Program,'' was issued in January 1994.
Three apportionments have been made for fiscal years 1992-1994,
making a total of $2.7 billion available for the States' use. In FY
1992, $340 million was obligated by all States which was 42 percent of
the amount available. In FY 1993, $600 million was obligated for a rate
of 62 percent. Overall, $940 million was obligated during the program's
first two years for a cumulative rate of 53 percent. Unobligated funds
under the CMAQ program lapse and are no longer available to the States
after four years from the beginning of the fiscal year for which they
were apportioned.
(II) Proposed Purpose and Scope
As with any new program, implementation of the CMAQ program has
generated questions about new areas of eligibility, the purpose and
effectiveness of funded projects and the coordination processes between
transportation and air quality agencies at the Federal, State and local
levels. Consequently, a review of CMAQ program implementation will be
undertaken, as noted in the FHWA-FTA program guidance of October 16,
1992.
(A) Purpose
The review has two intended purposes: (1) To determine whether the
CMAQ Program is meeting its goals under ISTEA and the CAA to support
transportation measures intended to assist nonattainment areas to meet
the National Ambient Air Quality Standards, and (2) to identify how the
CMAQ program's benefits can be maximized.
(B) Objectives
(1) To evaluate the kinds of projects funded under the CMAQ
program, their emission reductions, cost-effectiveness, the length of
time the funding process took, and other attributes, and to determine
what was not funded.
(2) To determine what transportation control measures (TCMs) have
been included in the States' Implementation Plans and whether funding
sources have been identified for them.
(3) To raise key issues, like the air quality impacts of various
TCMs such as traffic flow improvements, possible obstacles to
innovative projects, etc., and to evaluate those issues.
(4) To identify any barriers or constraints to effective program
implementation, especially with respect to coordination processes
between transportation and air quality agencies at the Federal, State
and local levels.
(5) To identify, document and disseminate examples of well-thought-
out projects, project development and coordination processes, and
transportation/air quality analytical techniques for each of the
transportation-related pollutants.
(6) To determine the effectiveness of current guidance, with an eye
toward possible mid-course policy adjustments.
(7) To determine how projects funded under the CMAQ program affect
greenhouse gases.
(C) Approach
The review will be conducted by the FHWA and the FTA, in
cooperation with the EPA. It will be conducted in an open way to
solicit concerns, recommendations and issues from all interested
parties, including environmental groups, transportation agencies,
energy interests, State air quality agencies and others.
A public meeting will be held to solicit ideas from any group
wishing to comment, especially national transportation and air quality
groups, State and local agencies, environmental interest groups,
industry groups, and other interested parties. Those commenting should
address the structure of the review, relevant policy questions, and
their experience in program implementation. The need for a second
meeting to describe review findings will be determined as the
evaluation progresses.
The review will focus on the effectiveness of current policies and
guidance as implemented at the project level. As such, the review will
begin and end with policy considerations, but any potential changes in
policy will be based on a review of specific projects and existing
coordination processes. Issues will be examined from both a public
policy and legal perspective with review of the CMAQ provisions of the
ISTEA (Section 1008) and other relevant provisions of the ISTEA or CAA,
as necessary.
(D) Policy Questions
Several policy questions have arisen as CMAQ program implementation
has progressed. They serve as a starting point for the review. Other
policy considerations will be evaluated as they arise. Current
questions include:
(1) Have the needed coordination mechanisms between the
transportation and air quality communities at the Federal, State and
local levels been established? Have they been effective? What have the
impediments been? What can Federal agencies do to smooth coordination
processes?
(2) How effective are the projects that have been funded under the
CMAQ program in reducing transportation emissions? How can their
effectiveness be improved? Is it possible at this time to identify the
types of projects that have the greatest air quality impact?
(3) What are the short term and long term impacts of funded
projects? How should these considerations be included in the
determination of funding priorities under the CMAQ program?
(4) Will the low obligation rate for the first two years of the
program ultimately result in the lapsing of Federal funds? What can be
done to avoid this?
(5) How should projects that have the potential to increase oxides
of nitrogen be treated? Should they be eligible as long as aggregate
emissions are reduced in line with the Clean Air Act's conformity
requirements?
(6) Under current guidance, new or expanded rideshare services are
eligible for CMAQ funds, but the routine funding of existing services
for ridesharing, transit, traffic control and inspection and
maintenance programs, etc., is ineligible. Is the current policy too
restrictive because it assumes that further emission reductions will
not result by funding currently existing services?
(7) Traffic flow improvements are legislatively eligible for CMAQ
funding as a transportation control measure identified in the Clean Air
Act. What are the pros and cons of funding these projects for emission
reduction purposes? Should changes be pursued to exclude them from
eligibility?
(8) Under the current legislation, projects in a nonattainment area
are no longer eligible for CMAQ funds once the area achieves attainment
of the NAAQS and is redesignated as a maintenance area. Would a change
to allow the use of CMAQ funds in newly redesignated areas constitute
good public policy even if the State's remaining nonattainment areas
lose CMAQ funds as a result?
(9) Projects that are not expected to contribute to emission
reductions prior to the scheduled attainment date under the Clean Air
Act are not eligible for CMAQ funds. Should any project which reduces
emissions be eligible even if it is scheduled for completion after the
attainment date?
Should a project whose construction is not expected to start until
after the attainment date be eligible?
(E) Project-Level Review
The project-level review will focus on implementation of the CMAQ
program in the 10 States with the worst ozone and carbon monoxide
pollution. These States receive the largest apportionments under the
CMAQ program, almost two-thirds of each year's total. The States and
their share of apportionments are:
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Percent
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California................................................... 14.8
Texas........................................................ 9.9
New Jersey................................................... 5.8
Ohio......................................................... 4.4
Maryland..................................................... 3.1
New York..................................................... 10.5
Pennsylvania................................................. 6.0
Illinois..................................................... 4.9
Massachusetts................................................ 4.1
Florida...................................................... 3.0
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Total.................................................... 66.5
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If time permits, the projects funded under the CMAQ program in one
State in FHWA Regions 7, 8 and 10 will also be reviewed.
Each State will be visited by FHWA, FTA and EPA representatives to
conduct interviews with Federal, State, and MPO officials and other
interested parties. A sample of each State's projects will be examined
in detail in light of the policy considerations above, the program
guidance, and other factors as they arise. A representative sample will
be developed in keeping with standard review and statistical
procedures.
Sources of information on the CMAQ program as a whole will also be
consulted. Such sources will include the States' annual reports on CMAQ
program obligations, DOT fiscal and management reporting data, and
reports on the program from government and nongovernment agencies.
To determine the CMAQ program's impact on greenhouse gases,
information will be taken from the States' annual reports on funded
projects and other sources, and background information on carbon
dioxide emissions from transportation sources.
(F) Expected Schedule
Site visits to the States mentioned above will be conducted in the
spring and early summer of 1994. A final report providing findings and
recommendations will be released later in the year, with additions or
changes to the program guidance to follow, as necessary. The report
will be available from the FHWA Office of Environment and Planning
hotline at (202) 366-2069.
Issued on: May 2, 1994.
Rodney E. Slater,
Federal Highway Administrator.
Gordon J. Linton,
Federal Transit Administrator.
[FR Doc. 94-10898 Filed 5-5-94; 8:45 am]
BILLING CODE 4910-22-P
